AAKASH KASANA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/19091/2025 · 2025-08-18
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63543 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141585 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19091 of 2025 Applicant :- Aakash Kasana And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Dubey Counsel for Opposite Party :- G.A.,Sohit Prakash Sharma Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the impugned charge-sheet dated 16.05.2024 in Criminal Case No. 3179 of 2025 in case crime no. 686 of 2023, under sections 352, 323, 452, 506, and 308 of Indian Penal Code, pending before the learned court of Chief Judicial Magistrate Gautam Buddh Nagar (State Vs. Aakash Kasana and others), Police Station Sector-39, District Gautam Buddh Nagar and also quash the impugned cognizance order dated 04.02.2025, passed by the learned court of Chief Judicial Magistrate Gautam Buddh Nagar (State Vs. Aakash Kasana and others). And further prayed that during the pendency of the present application before this Hon'ble Court the further proceeding of Criminal Case No. 3179 of 2025 in case crime no. 686 of 2023, under section 352, 323, 452, 506, and 308 of Indian Penal Code, pending before the learned court of Chief Judicial Magistrate Gautam Buddh Nagar (State Vs. Aakash Kasana and others), Police Station Sector-39, District Gautam Buddh Nagar may be stayed, and / or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicant shall suffer irreparable loss and injury."
3. It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant of the case and the injured do not want to pursue the impugned proceedings. In the alleged incident the injured has not sustained any serious injury. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record.
It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 has concurred with the arguments of
learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and the injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed.
5. Learned A.G.A. has no objection if parties compromise the matter.
6. I have considered the submissions and perused the record.
7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and the injured do not want to pursue the impugned proceedings. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.
8. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Aakash Kasana & Mahendra Kasana @ Mahendra Singh are hereby quashed.
9. The application u/s 528 BNSS is allowed.
Order Date :- 19.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad